Obligation to inform the Court of reasons for denial of assistance

Kenya

Kenya - International Crimes Act 2008 EN

PART III—GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

26.
(2) If the Attorney-General or the Minister decides, in accordance with the Rome Statute and this Act, to refuse or postpone the assistance requested, in whole or in part, the notice to the ICC shall set out the reasons for the decision.
(3) If the request for assistance cannot be executed for any other reason, the notice to the ICC shall set out the reasons for the inability or failure to execute the request.

Kenya - Mutual Legal Assistance Act 2011 (2012) EN

PART III – MAKING AND EXECUTION OF LEGAL ASSISTANCE REQUESTS

8. Incoming requests for legal assistance

(6) If the Competent Authority considers that—
(a) the request does not comply with the provisions of this Act; or
(b) in accordance with the provisions of this Act, the request for legal assistance is to be refused in whole or in part; or
(c) the request cannot be complied with, in whole or in part; or
(d) there are circumstances which are likely to cause a significant delay in complying with the request,
it shall promptly inform a requesting state, giving reasons .

Rome Statute

Article 93 Other forms of cooperation

6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.